Human Rights and Justice Issues in the 16th Century

Philippines

Human Rights and Justice Ang

James Loreto C. Piscos, Ph.D.
San Beda College

Abstract: In the 16th century Philippines, the marriage of the

Church and the State was the dominant set-up by virtue of Spain’s
quest for colonization and evangelization. Civil administrators and
church missionaries were called to cooperate the will of the king. In

IssuesWika
most cases, their point of contact was also the area of friction because

in thesa16th
of their opposing intentions.
The early Spanish missionaries in the 16th century Philippines were

Pampublikong
influenced by the teachings of Bartolome de Las Casas and Vitoria
that ignited them to confront their civil counterparts who were after

Century Philippines
getting the wealth and resources of the natives at the expense of their
dignity and rights.

Espasyo ....
Since the King showed interest in protecting the rights of the
Indians, Churchmen used legal procedures, reports and personal
testimonies in the Royal Court to create changes in the systems

...
employed in the islands. The relationship between the Spaniards and
the natives cannot be reduced to a monolithic relationship between
the two races. The power dynamics should be viewed within the
plethora of groups who were engaged in the discourse including the
bishop of Manila, governor-general, encomenderos, adelantados,
soldiers, religious orders, native leaders and even the common indios.
Given the canvas of conflicting motives, the proponents of conquests
and missionary undertakings grappled to persuade the Spanish Royal
Court to take their respective stand on the disputed human rights and
justice issues on the legitimacy of the conquest, tributes, slavery and
forced labor.

Keywords: Justice, Human Rights, Evangelization, Colonization,

Bishop Domingo Salazar, Bartolome de Las Casas, Vitoria,
Legitimacy of the Conquest, Tribute, Slavery, Forced Labor, Church,
Encomenderos

Introduction

T he issues of human rights and extra judicial killings have

been lingering the contemporary Philippine society.
There are news about police brutalities and disappearance of
individuals be it due to drugs or petty crimes. The Human Rights

11
 Watch World Report in 2017 revealed that an estimated 4800
people were killed and the number is increasing (Human Rights
Watch World Report 2017).
Human rights and justice issues are not new topics since even
during the beginnings of evangelization and colonization in the
country these were much debated between the conservative
Spanish civil authorities who wanted to get their needed booties
and wealth, and the progressive religious leaders defending the
oppressed natives.
In the 16th century Philippines, the marriage of the
Church and the state was the dominant set-up by virtue of Spain’s
quest for colonization and evangelization. The opposing lines
of colonization and evangelization converged in the quest for
dominance. Both civil and ecclesiastical administrators were
called to cooperate the will of the king. Their point of contact was
also the area of friction.
Nibalvos...

The justice issues associated with colonization and

Piscos...

evangelization disturbed the conscience of many Spaniards since

it was wrought with violation of human dignity and rights. The
Church had to find convincing arguments to refute the invasion
of the islands and to assuage their scrupled conscience. In the
midst of finding justification and purpose of the two-edged sword
of colonization and evangelization, the clash of powers was
inevitable among the key figures in the Church and the State.

The Influences of Francisco Vitoria and Bartolome de Las Casas

The 16th century church evangelizers in the Philippines

were advocates of justice who were developed from the changing
intellectual landscape in Europe. Most of them were followers of
the popular fighter for human rights, Bartolome de Las Casas (b.
ca. August 1474; d.ca.17 July 1566), and the progressive professor
and theologian at the University of Salamanca, Francisco Vitoria
(b.1486; d.12 August 1546).1
Most early missionaries came from the University of
Salamanca, and were trained through dialogues, discussion and
conferences from the two great masters. The memorials and
letters from those working in the New World updated them with
Donovan, “Las Casas Bartolome” ELAH Vol. 3, 1996, p. 385.
1

12
rich source of information concerning the issues and problems in
the New World.2
The first debated subject that affects the issue of justice was

Human Rights and Justice Ang

the universal dominion of the Pope in the whole world. The
conservatives argued that the papacy had direct jurisdiction over
the infidels for he was considered to possess universal temporal
authority. This was used to justify the conquest in the New World
where the Pope attributed political authority to the King over those
territories. A manifesto was read before waging a war stating that

IssuesWika
the king of Spain, by the gracious concession of the Pope, Lord of
the earth, was the right Lord of those countries.3

in thesa16th
Vitoria was considered as the father of international law

Pampublikong
because he visualized the whole area of international relations

Century Philippines
within ethical boundaries, and urged political leaders to act in
accordance with what is morally right. For him, mutual dealings
among states should be based on the code of laws and in the

Espasyo ....
light of ethics.1 This means that he acknowledged the character
of civil power as complete and perfect in itself, self-sufficient,

...
independent and directed to its own immediate purpose. It should
be distinct from the spiritual authority of the Church, an idea that
was contrary to the authors of the medieval times who thought of
political society and public power as a mere property or under the
ministry of the Holy See.4
In the University of Salamanca, every year a theology
professor should give an extra lecture for two hours on any
problem of public concern as part of the statutes ordained by the
institute. This was referred to as “Relectiones” meaning readings.
Vitoria was a prima (senior) professor in this university from
1526 to 1546. The records showed that Vitoria had 13 Relectiones.
However, what caught the attention of scholars were the two
readings that pointed to the conquest in America which stirred
controversies in the Royal Court of Spain. These were the De Indis I
or Prior (1537/38) and De Indis II or De Jure belli (1538/39).5
De Indis Prior examined the illegitimate title of the pope as
having universal temporal authority as well as the authority
2
Gutierrez, Domingo Salazar, 2001, pp. 10-11.
3
Munoz, Vitoria and Conquest of America, 1938, p. 71.
4
Cabezon, An Introduction to Church and State Relations According to Francisco
Vitoria,1964 p. 23.
5
Burkholder, “Vitoria, Francisco de”,ELAHC Vol.5 1996 p. 429.

13
 to conquer the lands owned by the natives. De Jure belli on the
other hand expounded the theory of war, its cause, means and
results.6
Ironically, a number of progressive students who will later
become missionaries embraced the ideas presented by the great
master of Salamanca. The advocates for justice and human rights
in the New World affirmed Vitoria’s arguments. In 1537 this was
shown when the bishop of Mexico Juan de Zumarraga, a Franciscan
wrote to the emperor asking to study the problems faced in the new
lands and desired that the king would send the disciples of Vitoria
to help establish the university he was planning to erect.
In response, the emperor wrote two letters to Vitoria, one on
31 January 1539 and the other in April of the same year. On the
first letter, the king asked Vitoria to gather other scholars and
deliberate the matter raised by Zumarraga.7 In his next letter, the
emperor requested him to choose twelve learned persons to be
Nibalvos...

sent to the New World.

Piscos...

The influence of Vitoria’s ideas was widespread. It served as

“beacons of light for many missionaries and evangelizers to guide
their troubled conscience.” Most of his dedicated disciples sailed
to the New World to plant the said liberating ideas.8 Even the
king who was disgusted in the beginning by his views appeared
to be influenced in the end. The tension between them did not last
long. In March 1541, the king personally sent him consultations
on how to address some problems in the discovered territories, a
move being done following the dictates of his conscience.9
The second issue debated in the royal court was about the nature
of the natives in the New World. The conservative side was
represented by Don Juan de Quevedo and Juan Gines de Sepulveda
while Bartolome de la las Casas stood for the progressives.
The conservatives had two major arguments. First, by nature
the inhabitants of the New World are slaves, thus incapable of
governing themselves. Second, all the oppressions including the
wars waged against the natives were completely justified with
6
Munoz, Vitoria and the Conquest of America, 1938, p. 44.
7
De Indis, Letter of Emperor Charles V to Francisco Vitoria, Toledo, 31 January 1539 in
Gutierrez, Salazar, 2001, p. 12.
8
De Indis, Letter of Charles V to the prior of San Esteban of Salamanca, Madrid, 10
November 1539 in Gutierrez, Salazar, 2001, p. 11.
9
Munoz, Vitoria and the Conquest of America, 1938, p. 63.

14
such kind of situation.
The progressives had the major arguments. Las Casas refuted
the defenders of the conquest by stating that the natives are

Human Rights and Justice Ang

rational, sharp of mind and apt to receive the Christian faith. Las
Casas bitterly rejected the concept of natural inferiority for it is
a complete justification of the encomienda system and life in the
colony will be based on natural inequality.10
Las Casas was considered the protector of the natives of
America and “Father” of the New World. He articulated strong

IssuesWika
statements influencing the Royal Court in the need for justice
in the discovered territories. His written works, Historia de las

in thesa16th
Indias (3 vols.), Brevisima relacion de la destruccion de las Indias

Pampublikong
, Del Unico modo de atraer a los pueblos a la verdadera religión

Century Philippines
and Apologetica Historia attested his relentless fight against the
oppressors.11
Las Casas carried his struggle for justice since he started

Espasyo ....
sailing in the West Indies in 1502 up to his last breathe. The
debate was alive during his time concerning the legitimacy of the

...
conquest and the treatment of the natives. However, he proved to
be a very capable person in handling his activities in the Royal
Court. He designed protracted battle in the legal arena where his
ideas became the most influential in shaping the 1542 New Laws
that forbade the Indian slavery and sought to end the encomienda
system within a generation by abolishing their transfer through
family inheritance.12
The third issue in the royal court debate was legitimacy
of the conquest and just wars in the natives of America. The
conservatives led by Juan Gines de Sepulveda defended by stating
the sins committed by the natives against nature, especially
idolatry. Since they were rude and savage, men of inferior race,
they have to submit themselves to more civilized and superior
people like the Spaniards. The submission of the natives to the
dominion of the Spaniards was the best and the fastest way to
achieve the conversion of the people of the New World and the
expansion of Christianity. The natives were cannibals. For their
own defense, and the protection of the weak and the innocent war

Gutierrez, Salazar, 2001, pp. 47-53.

10

Gutierrez, Domingo Salazar, 2001, pp. 16-19.

11

Donovan, “Las Casas Bartolome” ELAHC Vol. 3, 1996, p. 385.

12

15
 would be made against them.13
Las Casas challenged it by refuting that the Church never used
force or any repressive methods against idolaters. He considered
the inhabitants of America as equals and brothers and never as
servants or inferior to him. He rebutted the third argument that
conquest was the fastest way of preaching the gospel by citing
quotations from the bible and the history of the early church. He
emphasized that nobody had seen Jesus accompanied by soldiers
in his ministry. The apostles only trusted God’s protection and the
power of the word of the Master and greater evils would come
in promoting war. In such method, natives would just hate the
Christian religion.14
Spain became careful in carrying the task of colonization and
evangelization for the royal court knew that it will be a burden to
their conscience to violate human rights and life of the natives,
and at the same time they were aware that there were defenders
Nibalvos...

of justice watching their undertakings according to the moral

Piscos...

standards.
The progressive elements reminded the royal court the
history of evangelization starting from the time of Jesus where
there was no use of force. However, certain compromises were
made to accommodate certain situations in the New World
where waging war was necessary. This was articulated by Vitoria
specifying that wars could be done when all means had been
exhausted, if violation of justice necessitated in appealing to do
such exercise and if it is for the intention of restoring peace.

Human Rights and Justice Issues

Human rights and justice issues of the 16th century

Philippines were a continuation of the debates happening in the
royal court. There are three issues raised were: the question on
the legitimacy of the conquest, tributes, slavery and forced labor.

Burkholder, Sepulveda, ELAHC Vol.5, 1996.

13

Gutierrez, Salazar, 2001, pp. 47-53.

14

16
The Question on the Legitimacy of the Conquest

In the 16th century, there was the rivalry of Spain and Portugal

Human Rights and Justice Ang

in their territorial claims in the New World. To stop the impending
war, the Church, led by the Spanish Pope Alexander VI published
the 1494 Treaty of Tordesillas which stipulated the authority of
the Pope, the Vicar of Christ on earth, to divide the world into two:
the west, he granted to Spain, and the east to Portugal. It must be
noted that the two contending superpowers were partners in the

IssuesWika
holy wars against Islam in the Middle Ages. Thus, the division of the
world was a tactical move to avoid disintegration of Christianity.15

in thesa16th
The dispute on Spain’s legitimate conquest of the

Pampublikong
Philippines was brought out by Fray Andres de Urdaneta. It could

Century Philippines
be recalled that Urdaneta questioned the Spanish presence in the
Philippines since it violated the 1529 Treaty of Zaragosa. On 8
October 1566, Urdaneta and the members of the successful return

Espasyo ....
route expedition were summoned to Philip II’s court. They had to
sit down with the Royal Court’s great cosmographers, Alonso de

...
Santa Cruz the chief leader, Pedro Medina, Franscisco de Falero,
Hieronimo Chaves and Sancho Guiterrez to discuss and find a
definite answer to the questions:
1. Are the Moluccas, the Felipinas Islands (Leyte-Samar) and
the island of Cebu the territory of our sovereign, His Majesty of
Castille – or the territory of the king of Portugal according to the
Treaty of Tordesillas in 1494?
2. Are the Felipinas and Cebu Islands included in the mortgage
made over by his Majesty Charles the Emperor to the king of
Portugal for the sum of 350,000 gold ducats in the year 1529?16
Urdaneta’s first question was discussed in the 1524 Badajoz
Conference, but remained unanswered. Where was the line of
demarcation located in the East? The second query was about
practical politics. In the mind of the mortgagee were the Felipinas
islands, Cebu and nearby provinces part of the negotiation?17
Fray Urdaneta started his presentation by answering the
second question simply that Felipinas and Cebu were inside the
15
Treaty of Tordesillas, 1494 in B & R Vol 1, pp. 115-129.
16
Gutierrez, Salazar citing “Opinion Submitted by the Cosmographers in Madrid…”etc in
Navarette Vol. XVII, doc.25 while Urdaneta’s opinion is located in Doc.22.
17
Gutierrez, Salazar, pp. 44-45 citing “Opinion Submitted by the Cosmographers in
Madrid…”etc in NavaretteVol.XVII, doc.25 while Urdaneta’s opinion is located in Doc.22.

17
 mortgage line, and they belonged to the territory of Portugal.
However, cosmographers Medina and Sta.Cruz presented their
own arguments in defense for Spain. Medina clamored for
Urdaneta’s stand that unless expressly stated in the wording of
the document of the Zaragosa Treaty, the king of Portugal cannot
validly claim Felipinas as part of the mortgage.18 The debate on the
geographical location of the Philippines was relevant in deciding
whether the Philippines was a Spanish territory or not. Philip II
being a politician was determined to keep Magellan’s discoveries.
He honored the mortgage agreement giving Moluccas to Portugal,
but his will was the occupation of Felipinas, an island that bore his
name.19
The issue of legitimacy of the conquest in the Philippines
was brought again during the time of the first bishop of Manila,
Domingo Salazar. The progressive bishop imbued with the
teachings of Las Casas convened the Synod of Manila in 1581
Nibalvos...

to discuss issues that plagued the country including abuses of

Piscos...

conquistadores, encomenderos and the situation of poverty in the

islands.20
The 1581 Synod of Manila was a Trisectoral Council
composed of the representatives from the Church, the state and
prominent citizens. The Acts of the Synod discussed circumstances
that would validate conquest. These conditions should not be
present to claim Spanish legitimate presence in a territory which
were the given structure of government followed the natural law,
and not opposed to the gospel values, a higher cultural level that
would guarantee the growth of Christianity and well-behaved
people who could be trusted and left alone to govern themselves,
without a suspicion that they would try to destroy the Catholic
faith. It would be a plain tyranny if all these conditions were
fulfilled since the preaching of the gospel means not to dispossess
rightful owners but to defend the rights of all individuals. But if it
was lacking or missing, then the Spaniards had reason to rule over
the Indians.21
18
Gutierrez, Salazar, pp. 346 citing “Opinion Submitted by the Cosmographers in
Madrid…”etc in Navarette Vol. XVII, doc.25 while Urdaneta’s opinion is located in Doc.22.
19
Gutierrez, Salazar, pp. 346 citing “Opinion Submitted by the Cosmographers in
Madrid…”etc in Navarette Vol. XVII, doc.25 while Urdaneta’s opinion is located in Doc.22.
20
Document 84, Memorial of the Manila Citizens to the Council of the Indies, Manila, 26
July 1586, DSPH Vol. 3, pp. 59-82. Also see B & R Vol. 6, pp. 200-228.
21
Acts of the Synod Concerning the Duties and Rights of the King as examined and
quoted by Jose Luis Porras, The Synod of Manila of 1582, 1990 pp. 132-140.

18
 After series of long deliberations, the Synod legitimized the
conquest in the Philippines primarily due to their low perception
on the culture of the natives. The Synod concluded that Christianity

Human Rights and Justice Ang

would be endangered if Spaniards would abandon the Philippines
since the inhabitants had primitive form of government. They
engaged in petty and destructive wars thus putting into risk the
greater number of candidates for baptism. To give up the islands
means a step backward, and a terrible blow to the agenda of
Christianity.

IssuesWika
However, not all the participants were agreeable to the
stand of the whole Synod. They claimed that the Spaniards lost

in thesa16th
their right to take charge of the islands because of their oppression

Pampublikong
and the injustices done to the natives. Most Augustinians led by

Century Philippines
Fray Rada supported this assertion, and pushed for the idea that
inhabitants had not opposed the evangelization process.22
Unluckily, Rada’s view did not get the popular support

Espasyo ....
among the participants. The majority claimed that from the
beginning the natives were treacherous and repeatedly betrayed

...
the Spaniards. In contrast, they said that the colonizers followed
the proper procedure.23 Hereafter referred as Reply to Rada, B
& R Vol. 3). The treacherous deeds were recalled citing how the
Cebuanos revolted, killed Duarte Barbosa, Juan Serrano and thirty
companions after the death of Magellan.24 Legazpi fulfilled the
spirit of the Requerimiento where he gave the final ultimatum
to Tupas before a war was waged. Later, a peace treaty was
established after the tribal chief surrendered.25
Bishop Domingo de Salazar had ambivalent position on
the case. Before coming to the Philippines, he wrote a treatise
rejecting the conquests done by the Spaniards in Mexico.26 But
when he was in the Philippines, the pressure was too strong for
him to resist in disagreeing the position of the majority.

22
Rada Opinion, B & R 3, p. 254.
23
Reply to Fray Rada’s Opinion, Manila, June 1574, B & R Vol. 3, pp. 260-261.
24
San Agustin, Chapter IV, The Cebuanos Revolt, and Kill Juan Serrano and Thirty
Spaniards, Conquistas de las Islas Filipinas, 1565-1615, trans. 1998, pp. 136-137.
25
San Agustin, Chapter XXXII, The Peace Negotiations Between the Admiral and Governor,
Miguel Lopez de Legazpi and the Natives of Cebu, Conquistas de las Islas Filipinas, 1565-1615,
trans. 1998 pp. 387-393.
26
The title of the treatise was De Modo quo Rex Hispaniarum et eius locum
tenenteshabereteneantur in Regime Indiarum, in Alonzo de Zorita, Historia, pp. 13-14 as quoted
by Gutierrez, Salazar, p. 141.

19
 Justice Issues on Tributes

Church and States friction aggravated in the dispute

concerning tributes. The payment of annual tribute by subjugated
people was a symbol of vassalage to Spain. Charles V issued the
first royal decree about it on 23 June 1523, and later re-issued by
Philip II in 1573.
In the Philippines, Legazpi prescribed the natives to pay
eight reales (one peso) to be given in cash or in kind (gold dust,
rice and other products). One fifth of the collection should go to
the king.27 Church-State politics on the tribute controversy was
intrinsically bound up with the difficult times the Spaniards
encountered in their early contact with the natives and the
encomienda system. The conflict arose due to diverse interests of
the missionaries, secular authorities, encomenderos and soldiers.
Their point of contact where their cooperation was needed was
Nibalvos...

both an attraction and repulsion. There were three heightened

Piscos...

episodes for the said conflict between the secular and ecclesiastical
authorities namely: Lavezaris vs. the Augustinians, Ronquillo vs.
Domingo de Salazar and the Synod of Manila and, and Dasmarinas
vs. Bishop Domingo de Salazar.

Lavezaris vs. the Augustinians (1572-75)

When Spanish conquistadores arrived in the country, they
were expecting to get rich. They thought that the conditions in the
country were similar in Latin America. Unluckily, the islands had
no source of wealth they were looking for like the gold of Mexico
and the silver of Peru, the silk of China or the spices of the Moluccas.
What they got was a subsistence economy based on the primitive
cultivation of rice. Due to their long voyage and investments, they
had to extract anything from colony. There were three possible
ways to do it: exploit the natural resources, use the place as a base
in their commerce with China and put the burden to the natives.
Since the first option was not yet developed in terms of technical
ability and the second was on its initial stage, the third was the
best alternative to get the desired results.28
Annotation of Zaide, DSPH Vol. 2, p. 132.
27

De la Costa, Jurisdictional Conflicts, 1951, p. 16.

28

20
 Gradually, putting a heavy strain on the already marginal
economy became a focal point of the debate between the
missionaries shouting for justice on the abuses committed against

Human Rights and Justice Ang

the Indians, and the secular authorities clamoring their needs and
rights. The Augustinian Memoranda formulated during Fray Diego
Herrera’s term as first Provincial Superior refuted the flamboyant
report of Governor-General Guido de Lavezaris, condemning the
unjust wars done by the colonizers. In his correspondence to the
king, Lavezaris reported the affairs in the Philippines after the

IssuesWika
death of Legazpi enumerating the progress, the assignment of
repartimientos in towns pacified and their hardships that need to

in thesa16th
be compensated.29

Pampublikong
In contrast to the account of Lavezaris, the Augustinians in

Century Philippines
their Memoranda denounced the abuses of the Spaniards most
of which were related to the tributes. The document revealed
how the colonizers took for granted their duty of protecting the

Espasyo ....
natives and the manner tributes were collected. The procedures
in establishing an encomienda were not properly followed. An

...
encomendero went to a village and announced the following: “Take
heed that I am your master, and that the governor has given you
to me to protect you from other Spaniards who annoy you.” There
was no mention of God and king.30 Raids were conducted at least
twice a year to extract more tributes like the one experienced in
the coast of Bolinao and Ylocos.The homes of people from Banton,
Guimbar and Marinduque were destroyed after the natives killed
Mena and three other soldiers who forced the inhabitants to pay
tributes. In contrast to its objectives, instructions for the Christian
faith and protection for the Indians were not given importance.
Indeed, justice was not served since many Spaniards remained
unpunished for the crimes they committed. The aggrieved
islanders cannot present their pleas and complaints, or had no
one to help them solve the case.31
Fray Martin de Rada was elected the Provincial Council on 3
May 1572. As the head of the Augustinian Order, Rada wrote a
29
Affairs in the Philippines after the Death of Legazpi, Guido de Lavezaris, 29 June 1573,
B & RVol.3, pp. 179-180. Also see Document 56 DSPH Vol. 2, pp. 136-137. Document XXXVICCPS, pp.
223-224; AGI 67-6-6 quoted in CCPS, p. 229.
30
Affairs in the Philippines after the Death of Legazpi, Guido de Lavezaris, 29 June 1573,
B & RVol.3, p.279 Also see Document 56DSPH Vol. 2, pp. 149. Document XXXVICCPS, pp. 235.
31
Affairs in the Philippines after the Death of Legazpi, Guido de Lavezaris, 29 June 1573,
B & RVol. 3 280-285 DSPH Vol. 2, pp. 147-151; CCPS pp. 235-238.

21
 letter to Governor Lavezaris concerning his opinion on the tribute
issue. The Augustinian’s position was a result of the consultation
conducted from individuals and group conferences. The document
exposed the abuses of the conquistadores on the manner they
collected tributes from the natives.32
Governor Lavezaris together with his officials responded to
Fray Rada’s Opinion on the cruelty and injustices brought by the
excessive tributes in June 1574. It was notarized by Fernando
Riquel, and addressed to king Philip of Spain. The reply denied
the accusations. Lavezaris pointed out that the points raised in
Rada’s Opinion were harsh, harmful to the whole community
and very prejudicial to the progress of the archipelago. It was
very erroneous since from the time of adelantado Legazpi, the
Indians came to the ships from the shore to make friends with
the Spaniards. He claimed that the natives volunteered to become
vassals of His Majesty. Lavezaris’ answers quoted the incidents in
Nibalvos...

Calayan, Ybabao, Bohol and Butuan where the inhabitants were

Piscos...

not persuaded, but surrendered on their free will. The governor

cited Fray Diego de Herrera and Fray Andres de Urdaneta who
witnessed those friendly gestures. He quoted Urdaneta’s statement
that war could be waged to Cebuanos who shoot them with their
arrows after a peace pact was exercised. But Legazpi kept his cool
and patience. Furthermore, the governor testified that all reports
given to the king were true, and rebutted Rada’s Opinion stating
that all lands were named before the power of the king for they
came to the districts with his majesty’s order. Lavezaris’ reply
also argued from the legal point of view, that being not lawyers,
missionaries and conquerors should stop talking about justice,
titles or rights.33

Sande vs. The Encomenderos and the Augustinians (1575-1580)

The squabble during Guido de Lavezaris’ administration

prompted the Royal Court to replace him with Francisco de
Sande who took over his position from 1575-1580. Lavezaris’
32
Opinion of Fray Martin De Rada on the Tributes Collected From the Natives, Manila,
21 June, 1574, B & R Vol. 3, pp. 253-259; Document 61 DSPH Vol. 2, pp. 164-169. Hereafter to be
quoted as Rada’s Opinion on Tributes.
33
Reply of Governor Lavezaris and Other Spanish Officials to Father Rada’s Opinion,
Manila, June 1574, B & R Vol. 3, pp. 260-271. Also see Document 62 DSPH Vol. 2, pp. 170-175.
Hereinafter to be quoted as Lavezaris’ Reply to Rada’s Opinion.

22
replacement could be considered a victory for the missionaries
in the power play about tributes. Immediately, Sande established
reforms in the land. Following the practice of residencia, the

Human Rights and Justice Ang

current governor investigated the accounts of his predecessor
and officials. Sande mentioned in his Relacion de las Islas Filipinas
that he revoked all the repartimientos given and owned by
Lavezaris and allotted them to the crown.34 He further attacked
the Lavezaris’ administration for being extravagant and careless.
The treasury had little income at the beginning of his term and to

IssuesWika
improve the situation, he discontinued the habit of giving charities.
For him, only the poor shall receive support. He was strict on the

in thesa16th
duties of the encomenderos, and to those who neglected their

Pampublikong
functions.35

Century Philippines
Certainly, his moves elicited various reactions, and most of
them were against his decision of depriving them power and
wealth. The bickering that Sande had created with former officials

Espasyo ....
and the encomenderos became a major issue in the exchange of
letters sent to Philip II lobbying and trying to influence the king to

...
take their side. As early as 1576, a letter of complaint was already
sent by Lavezaris, Cauchela, Mirandaola and Aldave concerning
the untoward behavior of the governor.
The Augustinians also submitted reports to the Viceroy of
New Spain about how Sande badly managed the islands. This
prompted Sande to request the King to send another group of
missionaries, the Franciscans. It implicitly counter-attack the
Augustinians by mentioning that this group has the tradition of
living with the natives. The King in one of the portions of his letter
to the City Council of Manila cited that “some of the discalced of
the order of San Francisco are going there”.36 However, due to
the overwhelming complaints and disturbance of peace during
Sande’s term, in 1580 he was finally removed from office, recalled
and sent back to Mexico to work again as oidor of the Royal
Audiencia.37
The case of Governor Sande was an example of failure
Francisco de Sande, Relation of the Filipinas Islands, Manila, 7 June 1576, B & R Vol.
34

4, p. 74.
Francisco de Sande, Relation of the Filipinas Islands, Manila, 7 June 1576, B & R Vol.
35

4, p. 85.
36
(Philippines) Document 55 Royal Decree to the City Council of Manila in answer to
their Letters, Aranjuez, 13 May 1577, PUS Vol. 3 All the King’s Men, p. 205.
37
Zaide’s Annotation of Document 71 Governor Sande’s Letter to the Sultan of Borneo,
DSPH Vol. 2, p. 252.

23
 of governance due to the lack of recognition on the power and
capacity of various interest groups in the country to affect and
effect mechanisms in the colonial life. His leadership was devoid
of tact and diplomacy, thereby igniting conflicts to all sectors of
society. Sande’s dictatorial tendency pushed rivals of power like
Lavezaris and the religious to enter into an alliance against him.
They connived with the encomenderos, military officials and
native leaders to petition for his ouster. When the bickering in the
islands was too much too handle, Philip II finally decided for the
governor’s replacement. Such experience proved that power in the
colony was not a monolithic process between the representative
of the king and his dependents. It should be recognized that
power struggle existed among different camps who in one way or
another advanced their motives in the best possible way they can.

Bishop Domingo de Salazar vs. Ronquillo (1580-1583)

Nibalvos...

Piscos...

In 1580’s, the maladies that beset the colony had gone from
bad to worst. Spaniards found themselves settling a territory
unable to provide wealth and threatening their survival. Starvation
was widespread from the unpaid and mutinous Spanish soldiers,
ordinary colonists and bewildered Filipinos. Only those in the top
position got rich by extracting capital out of the provinces and
invested it with the increasing China trade.38
Bishop Salazar who arrived the islands in 1581 along with
the Jesuits (Society of Jesus) blamed Governor-General Gonzalo
Ronquillo for the greater intensity of the economic crisis in early
1580’s. In 1578, Gonzalo Ronquillo requested his Majesty to work
in the Philippines at his own expense with 600 men.39 It was a
practice in Spain to have asiento, the buying of public offices. This
was allowed by the Royal Court to increase the income of the
royal treasury to support their projects and missions. Ronquillo
got his post through this means.40 In exchange, Philip II gave him
the position of governor for life, granted encomienda in most
38
Sanchez, Alonso, Summary of these Conditions and Causes, Pastells, Historia General
Catalogo III, xvii-xx quoted in De la Costa, Jurisdictional Conflicts, pp. 18-19.
39
Book 2 Chapter XXXV The Arrival of Governor Gonzalo Ronquillo de Penalosa on these
Islands, Conquistas, p. 825.
40
In the 1582 unsigned document there was the report of the offices saleable in the
Philippines shown in Report on the Offices Saleable in the Philippines, 1582, B & R Vol. 5, pp. 202-
204.

24
important towns and allowed freedom to name officials to any
administrative post in the country.41
The prospect of becoming rich overnight was not the case.

Human Rights and Justice Ang

Ronquillo’s expectation of recouping his investments upon
his arrival in the islands did not materialize. Instead, he was
paralyzed by royal ordinances that did not allow wars of booty and
conquest.42 He was under the surveillance of Bishop Salazar who
was guarding the rights of the inhabitants. Nevertheless, he still
managed to find his fortune by allowing his men to rob and exploit

IssuesWika
anything they can get from the poor natives. He built the Chinese
Parian and required three percent duty on Chinese merchandise,

in thesa16th
“although he was censured for having done this without his

Pampublikong
Majesty’s orders”, they “remained in force, and continued to be

Century Philippines
imposed thenceforward.”43 To generate more revenues he decided
to raise the rate of levy to five percent for merchants in the
Philippines and seven percent for those in Mexico. He extended

Espasyo ....
trade by sending goods to Panama and Peru and reported to his
Majesty the increasing commerce between Philippines and New

...
Spain.44 As shown in his narrative, most of the ships were for the
benefit of the private individuals who utilized their influence to
get back the money they spent in the practice of asiento.45
In his report to the king, Bishop Domingo de Salazar highlighted
the evils happening in the collection of tributes. The decree
stipulated for encomienda stated that encomenderos should
provide instruction on matters for the Christian faith. Instead, an
encomendero had with him eight to ten soldiers with arquebuses
and weapons, ordered the chief to be called, and demanded that
he should give him the tributes for all the natives in the village.46
n 1584, Governor Diego Ronquillo transferred his power to Dr.
Santiago de Vera, President of the Royal Audiencia, to be the
next governor-general. It was through his time that there was
the collaborative politics between the Church and State working
together in an attempt to solve the injustices happening in the
land.
41
Morga, Sucesos, B & R Vol. 15, 1609, pp. 12-13.
42
Guiterrez, Domingo de Salazar’s Struggle for Justice and Humanization in the Conquest
of the Philippines, Philippiniana Sacra 14, 1579: 244.
43
Morga, Sucesos, B & R Vol. 15, 1609, pp. 12-13.
44
Preface, B & R Vol. 5, pp. 10-11.
45
Penalosa to Felipe II, B & R Vol. 5, p. 30.
46
Affairs, Salazar, B & R Vol. 5, pp. 223-224.

25
 Bishop Salazar vs. Gov. Dasmarinas on Tributes

The justice issue on tributes reached its height during the
Dasmarinas-Salazar debate in the last decade of the century.
Salazar’s radical ideas generated more progressive moves on how
taxes and legitimacy on the conquest were intrinsically connected.
Salazar started his militant concern on tributes by establishing an
arancel within the Church. An arancel is a tariff paid to priests for
the administration of sacraments. Bishop Salazar in 1588 wrote
a treatise on arancel in the Philippines known to be the first in
the country. In his dissertation about Domingo Salazar, Gutierrez
described it a “documentary jewel of the first magnitude” for it
brought into light the affairs of the Church at that time.47
The arancel was Salazar’s attempt to concretize justice on
matters related to money. The bishop’s initiative to form guidelines
on alms and donations that could be a venue for abuses brought
Nibalvos...

direction to what he fought for- justice and respect for the rights
Piscos...

of the Indians. The arancel was a moral persuasion in a form of

witnessing justice on money matters within the bishop’s area of
jurisdiction.
The issue of tribute was not just a political problem but a
multi-faceted one since it was interlocked with evangelization.
The Spaniards had the right to collect and the natives had the duty
to pay in view of supporting the missionary endeavors. Salazar
saw tributes as help rather than as right. Salazar’s premise was
grounded on justice in tributes. His treatises on tributes, the rights
of natives, and regulations on the encomienda could be likened to
bombs thrown at the encomenderos.48
For Salazar, there were two kinds of encomienda, those that
received evangelization, and those previously or in the present have
not received any. For the first type, a tribute was necessary for the
maintenance of the ministers and the missionary undertakings.
For the second type, it was classified according to circumstances.
For encomiendas without doctrine and without administration of
justice, tributes collected were declared illegal, and should not be
allowed.

47
Gutierrez, Salazar, p. 267 As cited by Gutierrez, the arancel is found in the Archivo de la
Provincia del Santo Rosario (APSR), Ms., Tomo 3, doc.1.
48
Gutierrez, Salazar, 2001, pp. 277-280.

26
 The next circumstance were encomiendas that had no doctrine
but encomenderos had prepared them for the Christian faith
through their efforts of indoctrination, securing the natives and

Human Rights and Justice Ang

administering justice. For this instance, tributes can be collected
to support the expenses since the encomienda was prepared
the ministers to come. For a large encomienda, one-third can
be collected of the required amount while the smaller ones will
pay half. Encomenderos could ask tributes with the following
conditions: they should be diligent to set up Christian instruction,

IssuesWika
and write to His majesty to send him one. If the ministers are
absent, they should reside in the encomienda. However, they

in thesa16th
should not continue their practice of maltreating and asking the

Pampublikong
natives to serve them in their houses without giving them proper

Century Philippines
indoctrination. Those encomiendas banned shall receive new
encomenderos recommended by the bishop and commissioned by
the king who will be entrusted to set up the place for the coming

Espasyo ....
of the minister type.49
The bishop’s influence was through his treatises and

...
conclusions to remind his confessors not to absolve any
encomendero who will not abide with him. The conclusion was a
pastoral guideline to be read in all the Churches under his domain.
The most difficult part of the conclusion was the restitution
wherein the encomenderos had to return the amount collected
from the natives if the area received no doctrine, no justice and
did not qualify the criteria set by the bishop.50
In response to the conclusions written by the the bishop,
Governor Dasmarinas took a stand. In his reply to the bishop,
the governor defended that if the Indians ceased to pay tributes,
everything that they had started would be imperiled. The governor
was alarmed that if the bishop’s will would be taken seriously, the
encomenderos will abandon the country, jeopardizing the whole
process of Christianization and Spanish presence in the islands.51
In his letter to the bishop, he raised the following arguments:
If there were no Christian instructions in the encomienda due
to the lack of ministers, “some tributes shall be collected if
only in recognition of the services rendered” and to sustain the
49
Document 6, Treatises and Conclusions of Bishop of Manila about the Matter of
Tributes, 12 January 1591, PUS Vol. 5, pp. 36-37.
50
Gutierrez, Salazar, 2001, pp. 282-283.
51
The Governor’s Reply on the Collection of Tributes, 1591, B & R Vo. 7, p. 296

27
 encomenderos since it was only their means of survival.

Governor Dasmarinas refuted the arguments of the bishop on the

importance of tributes:
Therefore the King does not want an exemption but that something
should be collected. With all this, to be sure I do not order to collect
from them except in encomiendas in revolt without any cause as I
will explain later. Therefore the King says that since the Indios do not
receive any spiritual nor temporal benefit from such encomiendas
there is no reason for them to pay tribute. From this it therefore
obviously follows that if the Indios receive some temporal benefit like
justice and others that are proposed the tribute can be collected.52

The encomenderos were accessories to the gospel, and
should be supported by the tributes of the Indians like what
ministers received. If the 4th part of the tribute shall be for
the erection of the Church, ornaments and other accessories
of religious instructions or if not be remitted to the Indians, he
Nibalvos...
Piscos...

suggested that it will be considered a deposit for three years to

assist in the expenses related to later religious instructions.53
Salazar argued that the collection of tributes shall be
done with gentleness and without the presence of soldiers and
firearms. In response, Gov. Dasmarinas claimed that there were
no reasons to discriminate large and small encomienda. The same
procedure held for each one, the head shall be collected 10 reales.
For Salazar, the principal aim of tributes was the fruits of
the gospel. Taxes asked even from unpacified territories shall
be directed to this end. It became justifiable in the pretext of
the administration of justice, maintenance and defense of the
islands.54 Governor Dasmarinas further challenged this position
of Bishop Salazar:

I see that without justice nothing can be gained because the

Indio does not receive anything useful to benefit from. But Sire, not
providing justice is no longer the fault of the encomenderos. When
there is a lack of religious is it a fault for me to set up justice ordering
them and the good lay persons to teach the Indios our Holy Faith the
best way they can and by their exemplary lives and good examples
52
Document 16 Letter of Governor of Filipinas Gomez Perez Dasmarinas to Bishop of
Manila, 6 March 1591, PUS Vol. 5: Church VS. State Bishop Domingo Salazar and Gomez Perez
Dasmarinas, p. 112.
53
The Governor’s Reply on the Collection of Tributes, 1591, B & R Vol. 7, p. 294.3.
54
Document 16, PUS Vol. 5: Church VS. State Bishop Domingo Salazar and Gomez Perez
Dasmarinas, pp. 296-297

28
 with love and charity drawing them through kind treatment? In the
long run, these means will prove more effective, than leaving them
alone by themselves, unreconciled, and in two days they will rebel
and take up arms. Your Lordship not only fails to provide Religious to

Human Rights and Justice Ang

administer to the Indios because you do not have them but neither do
you want to allow these aforementioned good Christian lay persons
to perform these functions while there are no religious. Although the
encomenderos have requested this many times since I came, your
Lordship answered that you do not want any secular even to teach
the Indios how to make the Sign of the Cross.55

IssuesWika
Dasmarinas raised a dilemma to Salazar, and that was which of

in thesa16th
the two evil is less. If encomenderos will be deprived of tributes, it
would mean depopulation and mass departure from the islands.56

Pampublikong
The tribute controversy that embittered the relationship between

Century Philippines
the two key figures at the time was aggravated when majority of
the religious, the Jesuits and Augustinian took side with the stand

Espasyo ....
of the governor. In his letter to the King, Dasmarinas claimed
that: “these two orders I say, hold (in entire agreement, nemine
discrepante) that the encomenderos can, with good conscience,

...
collect the entire tributes from the encomiendas which have
instruction, from both the believers and the infidels. Where there
is justice, but no instruction, they may collect three-fourths of
the payment, the remaining fourth being left to the Indians, the
believer and the infidel paying equal shares.”57
It is interesting to note the Church-State politics between the
religious orders and the bishop, and the Religious Orders among
themselves. The Augustinians and Jesuits sided with Dasmarinas
while the Dominicans supported Salazar. The Franciscans tried to
maintain their diplomatic silence. Dasmarinas told the King that
the bishop and the Dominican friars excommunicated him for
not letting them go to Spain. The Franciscans joined their force
because they were also forbidden to go to China, Japan and Spain.
The governor complained to the King on the excessive freedom of
movement and speech that these religious had, shown in how they
confronted him of being “most cruel, intolerable and wicked.”58
55
Document 16, PUS Vol. 5: Church VS. State Bishop Domingo Salazar and Gomez Perez
Dasmarinas, p. 120.
56
Document 16, PUS Vol. 5: Church VS. State Bishop Domingo Salazar and Gomez Perez
Dasmarinas, p. 120
57
Letter from Governor Dasmarinas to Felipe II, 20 June 1591, B & R Vol. 8, pp. 156-157.

Three Letters From Governor Dasmarinas to Felipe II, 20 June 1592, B & R Vol. 8, pp.
58

29
 In June 1591, Salazar departed for Spain to settle the
controversy in the Royal Court. But such dispute on tributes left
a mark in the history of justice struggle in the colony. After all we
could claim that in the face of colonization, hope still springs in the
humanitarian spirit of those who defended unpopular causes and
had the political will to fight for it till the end. After succumbing to
old age, on 4 December 1594, Salazar died but his spirit lingered
and lived in the memories of people who championed the cause
of justice.59
To conclude this tribute controversy, Bishop Salazar
produced and employed techniques of control ranging from
religious ideology, conscience, confession, excommunication and
diplomatic relations. Dasmarinas produced power by creating
his own sphere of influence. He found strength in the religious
ideology supplied by the dissenting religious orders, the Jesuits
and Augustinians. Using Fr. Acosta’s conclusions, he argued that it
Nibalvos...
Piscos...

was lawful to collect tributes to recognize the efforts of those who

facilitated the Christian instructions, and in effect considered the
natives vassals of the Spanish king.

Justice Issues of Slavery

It was apparent that the practice of pre-hispanic slavery
among Indians were carried on where the 1586 Memorial of the
Council vehemently confronted it stating “that the enslavement
of Indians by other Indians be regulated.” The Trisectoral Council
urged Philip II to act immediately on the issue so that there will
be no more slaves, and “hencefort, children born to those who are
now slaves, or appear to be slaves, should be born free; that those
that wish to redeem themselves may do so at a price adjudged
reasonably by arbitrators; and that those held at present may not
be sold to pagans, or to Indians not subject to his Majesty”.60
Although the law abolished slavery, in the context of the
Philippine subsistence economy mostly based on the cultivation of
rice, slavery persisted and continually practiced by the colonizers

271-272.
59
Document 19, Letter of the Bishop of Manila to the governor and captain general of
Filipinas Gomez Perez de Dasmarinas in an answer to his letter of the 8th and 19th instant, 21
March 1591, PUS Vol. 5, pp. 138-159.
60
Memorial to the Council, B & R Vol. 6, p. 193.

30
and wealthy Indians. The existence of the Galleon Trade rendered
a difficult task to give it up since it was an important component of
the industry. In his dissertation which was published into a book

Human Rights and Justice Ang

entitled, A History of the Manila-Acapulco Slave Trade (1565-
1815), Fr. Josemaria Luengo narrated that the Galleon was not just
a business enterprise of gold and exotic oriental goods. It was also
an embarrassing deal of human cargos of over 4,000,000 Indio
slaves from 1521 by Sebastian Del Cano to the last ship in 1821
bound for Cadiz, Spain.61

IssuesWika
Therefore towards the end of the 16th century, it was not
a surprise that the Royal Audiencia issued an edict that when

in thesa16th
settling an estate, slaves should not be divided but sold and the

Pampublikong
purchase price partitioned, or “if one of them retains a slave, he

Century Philippines
should pay the other heirs for their share.”62 But the following year
saw its ambiguity when they reconsidered and directed that it was
“fitting that the advocates and attorneys of this Royal Audiencia

Espasyo ....
follow the customs of the said natives, observed formerly…”63
To recapitulate, slavery continued to be a practice since

...
Spaniards felt it was a universal tradition among the natives long
before they came. The 1581 Synod of Manila aggressively brought
the royal cedula to Governor Ronquillo for its abolition. Ronquillo
strategized and convened his secular officials to petition the king
for its suspension. While waiting for the response of Philip II, the
custom shall be continued, a plain method of delaying justice. In
1586 Trisectoral Council, it was picked up again but apparently
due to the demands of subsistence economy and Galleon Trade,
it was still there. The Church and the State clashed or at times
collaborated (Trisectoral Council) to solve the problem, but the
needs of the situation did not allow for changes to happen.
Slavery was a focal point of Church-State politics since
there were exercises of power involved which included religious
ideology, juridical norms and confession. According to the
Spanish law, a baptized individual should not be a slave. The Royal
Court issued decrees to abolish the practice of slavery. Charles
V promulgated the law in 1526. Philip II reiterated it twice in
1574 and 1589. In 1591, the pope threatened to excommunicate
Luengo, A History of the Manila-Acapulco Slave Trade (1565-1815), 1996, p. iv.
61

Ordinance: An Act Relating to Slavery, 2 October 1598, B & R Vol. 10, pp. 303-304.
62

Ordinances Enacted by the Audiencia of Manila on Slavery, 1599, B &R Vol. 11, pp. 31-
63

32.

31
 anybody who violated the king’s order to liberate Filipino slaves. In
other words, the colonial system did not lack theologico-juridical
ideology as a reminder to abhor the existence of slavery.
However, the problem of slavery was situated in the
context of ambiguities and dilemmas considering the different
circumstances the Philippines had as a Spanish colony. Primarily,
the country’s financial system was based on subsistence
agriculture. Pre-hispanic societies in the archipelago fought wars
to increase their labor force. Slavery has been a practice among
the natives, and for a long time it was the life blood of its economy.
When the Spaniards came, the existence of slavery was
used to their advantage especially in the Galleon Trade. The
implementors of the law both secular and ecclesiastical authorities
were faced with a crisis on the reiteration of the king to emancipate
Filipino slaves.The royal mandate insisted on the abolition of
slavery. But in practice, the law was difficult to actualize since it
Nibalvos...

could mean economic dislocation and rebellion. Defenders of slave

Piscos...

practices argued that there were theological arguments to keep

its operation. They used the Middle Ages Thomistic ideological
justification based on the Politics of Aristotle which argued that
nature did not create all men equal. Thus, the inferior might be
enslaved by the superior ones.
It could be inferred that various religious ideologies and
schools of thought on the nature of the natives in the New World
caused the ambivalent character of the issue. For Las Casas,
Vitoria, Salazar and those who championed the cause for justice,
it was a question of equality. For the defenders of the conquest, it
was the issue of power and tactical moves to keep one’s interest.
The Church was not also consistent on its stand on slavery. Those
who enjoyed the services of slavery would maintain the system
stating the ideology presented by Aquinas. The Church held
slaves who served as porters, musicians, personal attendants and
other needed services. Bishops Juan Fernandez de la Gama and
Tomas Mallar were prominent exporters of slaves. The Church
also tolerated the practice where documents supported the fact
that slaves remained slaves and died with requiem masses paid
by their masters. Thus, the diverse religious ideologies on slavery
weakened the position to abolish its existence. Even the royal
cedula of the king was ignored. It was the might of conscience

32
that the problem of slavery may be stopped, but the justification
to keep its exercise from within the Church was a hindrance to
implement the ideal intent of the law.

Human Rights and Justice Ang

Resistance in the implementation of the king’s order to abolish
slavery represented how power circulated in favor of certain
interests. Since most ecclesiastical and civil authorities enjoyed
the practice, the task to fight its existence fell in the hands of the
Churchmen’s advocates of justice.
A look at the origins of power in sustaining the practices

IssuesWika
of slavery was a topic of concern that stirred the movements of
Church-State politics. Slavery problem faced practical difficulty.

in thesa16th
When the 1581 Synod of Manila took a bold stand on slavery it

Pampublikong
declared the principle that “the freedom of the Indians could not

Century Philippines
be deferred, as it was a matter of natural and divine right and
clear justice.”64 Clearly, this was in continuity with the radical
stand of Bartolome de las Casas on the nature of the natives in

Espasyo ....
the New World. Unfortunately, the local conditions threatened the
immediate implementation of such principle given the realities

...
that the colony’s life blood was on human resources and labor.
Governor Ronquillo, aware of the king’s order to abolish Filipino
slaves, compromised the issue by pushing the citizens of Manila
to petition the monarch to suspend its execution, and while
waiting for the decision, Salazar proposed that slave owners
could be received in the sacrament of confession provided that
they promised to free their slaves after two year.65 Also see Lucio
Gutierrez original compilation of primary sources on Domingo de
Salazar’s Memorial of 1582 on the Status of the Philippine Islands:
A Manifesto for Freedom and Humanization, Philippiniana Sacra
Vol. 21 No.63).
In the king’s court, Philip II in 1589 re-issued the royal cedula
abolishing the existence of Filipino slaves. It was a confirmation
that his former orders were not followed. The actual situation
of slaves in the 1590s as reported by Morga in 1598, slightly
improved since they were not asked anymore to work to death.
This was greatly attributed to the China trade that enhanced the
living conditions of the colony.66
64
Council Regarding Slaves, Tondo, 17 October, 1581, B & R Vol. 34, p. 330.
65
Salazar, Memorial of 1583, Archivo, III, pp. 33-34 as cited by De la Costa, Jurisdictional
Conflicts, pp. 23-24.
66
Morga, Sucesos de las Islas, pp. 253-254

33
 Slavery was indeed difficult to stamp out. Both the Church and
State administrators were engaged in perpetuating the system.
It was a pity that after Salazar in the mid 1590s, the dynamics
and balance of power between civil and ecclesiastical authorities
were diminished in favor of collaborative politics. Most religious
enjoyed the benefits given by the State, from material to a
secured position in the government. For instance, during the
term of Governor Francisco Tello, the Dominicans served as his
advisers. The struggles for justice gradually waned. It was not a
surprise that the 16th century ended but not slavery. This was
well demonstrated when Archbishop Serrano reported to the
king that a friar in charge of a parish in Manila had 1,970 slaves
under his care compared to 1,640 free indios and few freedmen
in his locality.67 In a sad note, Salazar’s spirit to fight the rights of
the Indians was sacrificed in the context of collaborative power-
relations. Certainly, slavery had deeply penetrated the colonial
Nibalvos...

society. The need for human labor was a demand not only for
Piscos...

subsistence but for more profits in the rapidly growing economic

life of the islands.

Justice Issues of Forced Labor

The Spanish colonial code known as Recopilacion de Leyes de

los Reinos de las Indias legalized the Philippine labor in its Law
40 of Title 7, Book VI which states that all male Filipinos 18 to 60
years old were subject to statute labor or polo for 40 days.68 All
healthy men residents in the islands including Spanish vagabonds
and mestizos legally had obligation to do public services.69
Polo became a venue for Church-State politics because it was
also a source of friction between the ecclesiastical authorities
who advocated for justice and the abusive secular officials and
encomenderos. The Church repeatedly told colonial administrators
that the polo was not for their personal benefit, but the admonition
was persistent pointing to the fact that it was not observed.
Encomenderos and secular officials saw the polo an opportunity
to amass wealth and took advantage of their privileges by forcing
67
Pastells, “Historia General,” Catalogo, VII/1. lxxv as quoted in De la Costa, Jurisdictional
Conflicts, p. 42
68
Recopilacion de Leyes de los Reinos de las Indias, Law 40, Title 7 Book VI.
69
Arcilla, Spanish Conquest, 1998, p. 61.

34
Indians to work in their businesses and trade. Anticipating the
possible abuses of the polo, the law stipulated that polistas should
receive salary and food rations. They were not ask to toil in far

Human Rights and Justice Ang

away places and beyond their capacities. During planting and
harvest seasons, it was prohibited to recruit workers.70
Various types of labor were given to the polistas ranging from
the lighter jobs where they could served as mail couriers, night
sentinels or cleaners in the offices to some exhaustive forms such
as cutting lumber for the construction of ships for the galleon,

IssuesWika
duties in the shipyards or forests. Like any other requirement, the
polo could be paid to do away with it through a topa, a fee given to

in thesa16th
the alcalde mayor. Again, another venue for corruption. According

Pampublikong
to the law, the polistas should receive 8 reales (1 peso) a month.

Century Philippines
This was a miserable condition given the fact that a worker needed
40 reales or 5 pesos a month to survive.71
Abuses connected to forced labor ranged from coercing

Espasyo ....
natives to do heavy work beyond their capacities, asking them to
toil during planting or harvest season and low or non-payment of

...
salaries. Due to these, the supply of food had greatly diminished.
Bishop Salazar attributed the economic difficulties that plagued
the country in the 1580s to Governor Ronquillo’s drive for more
people to go into mining, shipbuilding and working in one family’s
enterprise.
Indeed owners of encomienda invested revenues generated
from their laborers. The governor and the officials on various
commissions systematized shipbuilding, rowing the galleys
and mining at the expense of depopulation and hunger. These
“miserable creatures” Salazar described will be absent from their
farm four to six months to work to their masters, and many of
them died there. Many inhabitants preferred to escape and hide in
the mountains than to do the force labor imposed upon them. Due
to the demand of cutting trees for the galleon ships, many Indians
were not allowed to rest and have no more opportunity to attend
the religious instruction.72
Bishop Salazar complained that the priority of the
encomenderos were to attend to their business interests rather
70
Arcilla, Spanish Conquest, 1998, p. 61.
71
Arcilla, Spanish Conquest, 1998, p. 74.
72
Affairs in the Philipinas Islands, Fray Domingo de Salazar, Manila, 1583, B & R Vol. 5,
p. 212.

35
 than to fulfill their duties to evangelize the natives. He cited a
case how this was even reinforced by an ordinance in a particular
village commanding inhabitants to cut wood and those who were
receiving religious instructions to stop it. The bishop reported to
the king and the Council of the Indies the injuries inflicted to the
Indians in forcing them to be rowers in the galley or in a fragata
with a meager amount of salary. The bishop lamented the evils of
greed for it caused thousands of Indians to remain unconverted
and those who were converted becoming so more through force
than choice.73
Salazar received support from the religious orders through
the 1581 Synod of Manila. In their crusade against the injustices
occurring in the land, the Synod tackled forced labor with serious
consequences of not absolving the colonists in the confession of
their sins unless proper restitution was implemented. The topic
was one of the most debated problems that included the situation
Nibalvos...
Piscos...

of oarsmen, cutters of wood and mining.74

The Synod provided guidelines to confessors in examining
and absolving the sin of the colonists. Their arguments showed
that only in extreme necessity where colonizers may recourse to
native service. The recruitment should be done by individuals of
right conscience who will not use force or violence on their families.
Furthermore, the Synod of Manila maintained the position of
keeping humane treatment a priority, where the primary concern
was providing workers with food supplies during the practice of
the polo. The confessor should strictly study how secular officials
dealt with the natives in terms of how often the latter was not
given the just wage, and the maltreatment they received. The
synod told secular authorities that Indians should toil within their
territory, and discouraged the practice of calling them to Manila,
which deprived them to do farming, thus losing more money and
time. Most of all, justice should be rendered to the Indians by
paying them the right amount.75
The Memorial of the Trisectoral Council of Manila did not talk
much about forced labor issue compared to tributes and slavery
which were well highlighted by the convention. However, indirect
Affairs in the Philipinas Islands, Fray Domingo de Salazar, Manila, 1583, B & R Vol. 5,
73

p. 234
Porras, Synod of Manila, 1990, p. 167.
74

Porras, Synod of Manila, 1990, p. 167.

75

36
linkages with it were shown in the encouragement of Spaniards
and natives alike to engage in farming and stock raising. Farmers
from Spain were enticed to come and share their knowledge to

Human Rights and Justice Ang

the Indians. In fact, it endorsed that “all the Indians who aid or
accompany them to their farms, should be exempt from war or
other personal labor in boats or on buildings, or anything else that
might hinder or fatigue them.”76
During the 1590 Salazar-Dasmarinas debate, the problem
of forced labor was put to the sideline in favor of settling the

IssuesWika
issue of tributes. The problem remained since labor provided
the economic lifeblood of the colonists, and it was here where

in thesa16th
they could acquire wealth. Indeed, forced labor was a continuing

Pampublikong
struggle where even the government caught in the difficult

Century Philippines
situation of not able to pay its debts to the polistas. In 1617, this
debt reached 6, 643 pesos and in 1660 the Pampangos unable to
stand it any longer rose to revolt.77

Espasyo ....
Labor or polo like tribute and slavery was a source of wealth.
Like slavery, the admonition was never heeded because that was

...
their way to keep the colonists’ business be it in the galleon,
mining or any other trade. The situation caused depopulation,
and it was in this context that the bishop complained to the king
on the wrong priority of the Spaniards. Salazar claimed that the
harassment and inhuman ways shown in treating the polistas,
caused many inhabitants to remain unconverted, and preferred
to hide in the mountains than to suffer working in the galleys or
mines.
However, the intensity of forced labor in the Philippines
was not as heavy as the mita or any other form of labor in Latin
America. Certainly, the colonizers had learned their lessons. In
the Philippines, the polo was an obligation to do public service,
and most often than not the natives were given jobs according to
their capacities. The Church’s call for the proper implementation
of polo created a strong impact to secular authorities because it
could mean depriving them an important source of income.
In the mid 1570 and early 1580, abuses related to labor
caused hunger and death. Hence in the 1581 Synod of Manila it
was one of the most debated items. The Synod took a stand that
Memorial to the Council, B & R Vol. 6, 170-171; DSPH Vol. 3, pp.38-39.
76

Arcilla, Spanish Conquest, 1998, p. 74.

77

37
 only in extreme necessity a colonizer may recourse to a native
service. The 1586 Trisectoral Council supported the claims of
the Synod and encouraged many Indians to engage in farming,
and be exempted from war or anything that fatigued them if they
cultivated their land. Moreover, the abuses on forced labor grew
intense since it was one of the sources of revolts in the early 17th
century. The State was unable to pay the polistas, and the Church
gradually became numb about it. After the Salazar era most of
them enjoyed the benefits it entailed.

Conclusions

There was a marriage of the Church and the State in the

16th century set-up. It was clear that the issues of human rights
and justice were well discussed in the Spanish Royal Court who
would like to clear their conscience if what they did in the New
Nibalvos...
Piscos...

World was rational and legitimate. It was fortunate that there were
champions for it namely, Vitoria and Las Casas who influenced the
early missionaries to fight the welfare of the natives.
In today’s context where there is a separation of the Church
and the State can the same debate be pursued?
While in the democratic system, there is a demarcation line
between the Church and the State, it is also clear that they are
not isolated from each other since they serve the same people. In
the bill of rights enshrined in the Article 3 of the 1987 Philippine
Constitution, the civil, political, socio-economic and rights of the
accused are well articulated. On the ideal level, all our rights are
protected.
But like the situation of the 16th century Philippines, the
reality to protect rights and promote justice is painted differently.
Political leaders can manipulate the implementation of the law or
short cut it through extra judicial killings for practical purposes.
The Church serves as a conscience and should assert its moral
authority to keep reminding the society that life is the highest
priority.
In the case of the 16th century Philippines early
missionaries and Bishop Salazar fought for dignity and welfare of
the natives. Their concern was to fight the abuses and to seek the
benevolence of the King to stop all forms of violence.

38
 The fight for justice and human rights was both in the legal
and moral battle. The examples set by Vitoria and Las Casas
showed their passion as protectors of human rights to engage into

Human Rights and Justice Ang

a discourse with those who are in power.
Today legal battle can be shown in the balance of power among
the branches of government. But the Church although separated
in function with the government cannot remain silent in the midst
of killings and human rights violations. But like the 16th century
battle for human rights who did dialogues and discourses about it,

IssuesWika
can top leaders of both Church and State do the same thing where
each side listen to each other, and manage to do collaboration for

in thesa16th
the benefit of the people?

Pampublikong
The issues of human rights and justice will remain as long as

Century Philippines
those in position abuse their authority and power. The Church
has the greater task to instill education and values that promote
dignity, rights and justice. To witness and advocate them in its

Espasyo ....
various rituals is another greater challenge to take.

...
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in thesa16th
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Century Philippines
Espasyo ....
...

43